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Vincent Benedict LoCoco

Vincent LoCoco’s Answers

4 total

  • In Louisiana does the administratrix of succession have to advertise the buying of eastate property

    attorney cut up an exiting lot and sold for less than another heirs bid to the administratrix

    Vincent’s Answer

    I am thinking that your question is asking if an Administrator of an estate needs to advertise before selling a piece of real estate in a succession.

    Under Louisiana law, it depends upon the type of administration the estate is under. If the person was appointed as an Independent Administrator, then Court authority and advertising is not required. However, if the estate is under a regular administration, then in order to sell real estate, Court authority and advertising would have to be done prior to selling property.

    You need to speak with a Louisiana Estate attorney to see what type of administration is involved.

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  • Need to break a will

    My dad just died and left a will that only his current wife knew about and it left everything to her,they were married only four years and did not tell us . We found out a month later then he got sick and went into a veterans home he was there two...

    Vincent’s Answer

    You need to consult with a Louisiana Estate Attorney.

    You can contest the validity of a will in Louisiana. A Louisiana Estate Attorney will be able to review the will to determine if it is legal as to form, as Louisiana has certain requirements that must be met for wills.

    If it is found to be valid as to form, then you could raise issues to contest the will which basis can be that the will was obtained by fraud or undue influence or that the testator was incompetent to write a will.

    It is imperative that you seek the services of a Louisiana estate attorney to review the matter with you.

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  • Our mother died intestate.. How does our father remove her name from real estate?

    Our mother died intestate. My father and mother jointly owned the home they lived in and a some rental property. My question would be how does my father remove my moms name off the real estate?

    Vincent’s Answer

    You need to go through a process known as a Succession which ultimately will lead to a Judgment of Possession which will change the Title to the property. You need to contact a Louisiana Estate Attorney who can assist you with this process.

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  • Can anyone interpret some wording in a Louisiana will for me?

    A husband and wife each have a grown child from a previous marriage and the wills are identical and read: I will and bequeath the disposable portion of my estate to my wife (or husband). I leave the balance of all the property of which I die pos...

    Vincent’s Answer

    You need to consult with a Louisiana Estate Attorney since the answer to your question goes to interpretation of the wills. You are correct that under Louisiana Law, forced heirs are children 23 years or younger or any child who has disabilities that render them incapable of taking care of their estates now or in the future. The amount that must be left to a forced heir is called "the forced portion". The amount outside that forced portion is called the "disposable portion".

    You need to discuss the wills with an attorney and have the attorney review the wills so that they can evaluate them and advise you as to how they would be treated under Louisiana Law.

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